A planted buffer area not less than 75 feet in width is required
on any lot.
A. In the HCC, HCC-2, NB and LB Zones that borders, is contiguous to,
or across the street from and within 100 feet of, any residential
zone in this or any other municipality.
(1)
Where an applicant owns property in the HCC, HCC-2, NB and LB
Zones and also owns contiguous property or property across the street
and within 100 feet located in a residential zone, the Land Use Board
may require or accept, if consistent with the criteria set forth in
this Article, a planted buffer area of 75 feet which is partly or
entirely in the residential zone.
(2)
The continued existence of any planted buffer area shall be
a condition to the continued existence of any certificate of occupancy
issued for property in the HCC, HCC-2, NB and LB Zones. The established
planted buffer area shall be made by subdivision a part of the lot
located in the HCC, HCC-2, NB and LB Zone and shall not be considered
a part of any lot in any residential zone with respect to computations
for lot size, building coverage, coverage by impervious surfaces and
all other calculations as may be required under this Chapter.
B. Planted buffer areas for non-residential uses in residential zones.
(1)
On any lot in the R-150, R-100, R-75, R-50 and R-2F Zones where a building or lot is to be used, expanded or substantially altered for a use other than permitted by ordinance in that zone, the buffer requirements of Article
VIII shall apply.
(2)
A planted buffer area of 25 feet in width is required for any lot in any residential zone where the lot to be created is contiguous to or across the street and within 100 feet of property in the HCC, HCC-2, NB and LB Zones. The Land Use Board shall require on subdivision that such lots requiring a planted buffer area shall still have remaining area and dimensions (excluding the required planted buffer area) sufficient to meet all requirements for the zone in which the lot is located. The planted buffer area of 25 feet in width established by reason of the requirements in this Subsection
B (2) shall not be computed to determine the area or width of any planted buffer area required under Subsection
A.
C. Where a new street abuts an adjacent residential developed parcel
(i.e. single family house), the minimum buffer shall be 50 feet between
such parcel and the proposed new street.
In the event that the buffer area required pursuant to this Article
XXX exceeds 12% of the total lot area, then the Land Use Board shall require a buffer area of uniform width that is not less than 35 feet.
A planted area and a planted buffer area required by this Chapter
shall not be used for any buildings, structures, paving or parking
or for the sale, display, storage or leasing of materials or for any
other use other than a planted area or a planted buffer area except:
A. Detention basins, subject to a finding by the Land Use Board that
adequate visual screening is still provided.
B. Below-grade, underground parking facilities may be erected underneath
any required planted area or planted buffer area, provided that the
surface of the lot in the area of the planted buffer area and the
planted area has at least four feet of soil and is properly drained
so that the same is sufficient to support the growth of plants, ground
cover, shrubs and trees.
C. On Land Use Board site plan approval, the Land Use Board shall, however,
allow paved ingress and egress from the site to a public street or
highway through a planted buffer area where there are no possible
safe exits or entrances to a road or highway that is zoned across
the street from the site within the HCC, HCC-2, NB or LB Zones. The
area to be so paved shall not be included as part of the area making
up the required planted buffer area.
A proposed landscape plan shall be submitted to the Land Use
Board for its consideration by:
A. All applicants for site plan approval.
B. All applicants for subdivision approval where any of the lots to
be created would require a planted buffer area or a planted area.
C. All applicants for subdivisions requiring planting of public dedicated
land.